FAQ
What is a Bond?
A bond is a monetary surety set by the court to assure your appearance at the next court date.
How much am I required to pay for a Bond?
A Bail Bondsman typically requires a cash payment of 10% of the bond amount and the remaining 90% to be posted in a form of collateral such as property.
Certain crimes are non-bondable, which means that you will not be permitted to post a bond:
• Armed Kidnapping
• Armed Robbery
• 1st or 2nd Degree Murder
• Burglary with Battery
• Armed Sexual Battery
• Capital Sexual Battery
If you are charged with a crime that is non-bondable, you must request a hearing in order for the court to consider issuing a bond for your release. You need an attorney to advocate on your behalf so that a bond is set and you can be released from jail. Call Craig A. Sonner, Esquire (407) 331-5900 or 24 HR pager (407) 527-4271.
What if I have a Criminal Charge pending and I live outside the State of Florida?
If you live outside the state of Florida but you have been arrested and charged with a crime in Florida, it is possible for Craig Sonner to represent you without the need for you to return numerous times for court appearances.
What is a DUI?
DUI stands for Driving Under the Influence. A person is guilty of driving under the influence if the person is driving or in actual physical control of a vehicle in this state (Florida) and the person is under the influence of alcoholic beverages, any chemical substance set forth in statute 877.111 or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired or the person has a blood alcohol or breath alcohol level of 0.08 or more.
Can I fight my DUI charge?
YES. DUI CASES CAN BE WON!! In a DUI case there are two separate cases that arise: (1) the court case, where a person's liberty is at stake, and (2) the Florida Department of Highway Safety and Motor Vehicles (DHSMV) case. You can fight the DHSMV suspension, BUT YOU HAVE ONLY 10 DAYS!!!
The way to fight this is by filing a PETITION FOR FORMAL REVIEW with the Department of Motor Vehicles. If retained, I will file all the necessary paperwork and attend the hearing on your behalf.
These hearings can be won and you can get your license back and the suspension removed from your record.
If you have been arrested for DUI, and you refused to take a breath, blood or urine test, OR if you took the test and your result is 0.08% or higher, you have only 10 days to request a special hearing with the DHSMV to save your license. Failure to timely request a hearing will result in at least a six-month suspension (and as much as an 18-month suspension) of your Florida driving privileges.
The State can prove a DUI charge in two ways. The DUI can be proved by proving impairment of normal faculties, or unlawful blood alcohol or breath alcohol level of .08% or above.
The consequences for a Florida DUI are serious and far-reaching. They include fines, jail, and administrative license suspensions. They also can include license suspensions, separate and apart from those imposed by the court, which are imposed by the Florida Department of Highway Safety and Motor Vehicles.
Are there defenses in a DUI case?
Yes. Generally, there are four aspects of the case that the prosecutor will use: (1) driving pattern (2) physical appearance (3) field sobriety exercises and (4) breath test results. However, the potential defenses in a given DUI case are almost limitless due to the complexities of the offense. There are many questions regarding a DUI arrest that must be answered.
For example:
- Why were you stopped?
- Was there reasonable suspicion or probable cause for the officer to make the stop?
Evidence will be suppressed if the officer did not have legal cause to (a) stop, (b) detain, and (c) arrest. Sobriety roadblocks present particularly complex issues. Also, the driving pattern in the police report is typically incomplete and one sided. The officer jots down only what the driver does wrong. By pointing out the ways in which a person's driving pattern is consistent with that of a person who is not impaired, the driving pattern of the prosecution's case can be rebutted.
- Who was seen driving the vehicle?
Impairment is not enough: the prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of accidents, there are no witnesses to his being the driver of the vehicle.
- Were you told that you had to perform “field sobriety exercises”?
The officer's observations and opinions can be questioned. The circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as "failing.” There may be witnesses who can testify that you appeared to be sober.
- Were you coerced or persuaded into taking a breath test?
If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, this may affect admissibility of the test results -- as well as the license suspension imposed by the motor vehicle department.
The prosecution must prove that the blood, breath or urine test complied with state requirements as to calibration, maintenance, etc.
The above are just a few issues that can be argued; there are many more. Call the law office of Craig A. Sonner, P.A. (407) 331-5900.
Can I still be found guilty of DUI even if my BAC is below the legal limit?
Yes. It is unlawful to drive or be in actual physical control of a vehicle while you are under the influence of an alcoholic beverage or chemical substance or controlled substance to the extent that your normal faculties are impaired. Normal faculties are those faculties of a person such as the ability to walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, etc.
Does the car have to be moving for me to be guilty of DUI?
No. You can simply be sitting behind the wheel with the keys in the ignition. You can still be found guilty if you are in "actual physical control." This means if you are physically in or on the vehicle and have the capability to operate the vehicle regardless of whether you are actually operating the vehicle at the time.
Should I submit to a breath, blood, or urine test?
Yes. In Florida, your privilege to drive can be suspended for one year for a first refusal and for eighteen months for a second refusal. In addition, your refusal to submit to a test upon the request of a law enforcement officer is admissible in any criminal proceeding against you as evidence of your consciousness of guilt.
By accepting the privilege extended by the laws of most states to drive, the courts have determined that you have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining your BAC and to a urine test for the purposes of detecting the presence of drugs. Therefore, when you sign your name on your license, you are saying that if stopped for a possible DUI, you will accept to take the test.
If I am arrested for a DUI, will I lose my license?
Yes, the law enforcement officer will seize your license if you are arrested for DUI with an unlawful BAC or after you refused to submit to a chemical or physical test. Your license will be seized, and the officer will issue you a traffic ticket, which acts as both a temporary driver's license and as your notice of suspension.
How long will I lose my license?
If you have refused to a test of your breath/blood/urine, your license will likely be suspended for a period of one year for a first refusal, or for eighteen months if you have previously refused to submit to such a test. If you have an unlawful BAC, your driving privilege will likely be suspended for six (6) months for a first offense, and one year for a second offense.
I have been arrested for Domestic Violence. What does that mean and what can an attorney do for me?
Florida law requires that a person arrested on a charge of domestic violence to be held in jail on “no bond” until he or she appears before a judge.
Typically, the court will place conditions of bond; these conditions may prohibit possession or consumption of alcohol restrict the right to travel. However, the most common of these is a “No Contact” condition. (It can also be “No Violent Contact” or “No Nonconsensual Contact.”) A “No Contact” provision can require the arrestee to have no direct or indirect victim contact including no telephone, in person, e-mail, regular mail or third party contact.
The court may also impose a “No Return” as a condition of the bond which prevents the arrestee from returning to his/her own residence. This can be problematic when the alleged victim is not the owner of the property or named as a resident on a lease. The arrestee can end up paying the mortgage on the home occupied by the alleged victim and rent for a temporary residence.
A Domestic Violence conviction cannot be expunged or sealed from the arrest record unless the case is resolved by acquittal at trial or if the charges are dismissed.
The victim of a domestic violence case does not have the right to either “file” or “drop” charges. The State Attorney's office makes that decision and has the final word on whether to file a criminal charge.
If charges are filed in your case, I will do the following:
• File a motion with the Court to set bond.
• Petition the government to drop charges.
• Discuss with the prosecutor possible Pre-Trial Diversion programs.
• File pre-trial motions to dismiss or suppress evidence.
I HAVE A QUESTION ABOUT A CRIMINAL OFFENSE WHICH IS NOT COVERED ON THIS WEB PAGE.
PLEASE CALL CRAIG A. SONNER AT (407) 260-6853
ADDITIONAL QUESTIONS OR QUESTIONS ABOUT OTHER CHARGES. ABOVE ARE THE ANSWERS TO A FEW QUESTIONS REGARDING BONDS, DUI , AND DOMESTIC VIOLENCE CASES.
